[Berlin-wireless] Meraki

Di Okt 17 11:42:02 CEST 2006

Die Hardwareplattform ist wegen des Formfaktors ja schon recht interessant, gibt es die irgendwo noch ohne die restriktiven Vertragsbedingungen ? 

> -----Ursprüngliche Nachricht-----
> Von: berlin-bounces at olsrexperiment.de 
> [mailto:berlin-bounces at olsrexperiment.de] Im Auftrag von 
> Robert Schuster
> Bereitgestellt: Dienstag, 17. Oktober 2006 11:12
> Bereitgestellt in: Public Dump
> Unterhaltung: [Berlin-wireless] Meraki
> Betreff: [Berlin-wireless] Meraki
> 
> 
> Hi,
> ich habe mal der Firma Meraki Networks geschrieben und 
> angefragt, ob es da noch Router für uns gäbe. Heute kam auch 
> eine Mail mit PDF Anhang, die ein Passwort für den Shop 
> beinhaltete. Nachdem ich mich dort eingeloggt hatte, bekam 
> ich erstmal einen dicken langen Vetragstext vorgesetzt, der 
> es IMHO auch in sich hat.
> 
> Also der Meraki Router kostet im Beta Programm 49$ (Porto: 
> keine Ahnung). Es müssen mindestens 3 Stück bestellt werden 
> und die enthaltene Meshsoftware soll für 3 Monate in Betrieb 
> genommen werden.
> 
> Auf der Homepage tönt es noch ganz toll: "Meraki's hardware 
> platforms are open, and we encourage others to modify and 
> extend them." oder hier http://meraki.net/openplatform.html. 
> Aber im unten kopierten Vertragstext stehen die üblichen 
> Verdächtigen: nix reingucken, nix verändern, nix über 
> Performance reden. usw.
> 
> Und hier ein paar Fragen:
> Ist der Meraki Router fürs OLSR Experiment interessant genug?
> Würden sich noch zwei Abnehmer für die Meraki Router finden 
> (inklusive Einhaltung der Beta Richlinien?)
> 
> Und hier der Schrieb:
> 
> Meraki Networks, Inc.
> 
> Beta Test Agreement
> 
> 
> This Beta Test Agreement (this "Agreement") is a legal 
> agreement between you (either an individual or an entity) 
> ("You") and Meraki Networks, Inc. ("Meraki
> Networks") regarding the use of Meraki Networks' hardware, 
> software, services and any accompanying documentation 
> provided hereunder and described below.
> BEFORE YOU CLICK ON THE "I ACCEPT AND AGREE" BUTTON AT THE 
> END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS 
> OF THIS AGREEMENT.  IF YOU ARE A CORPORATION, PARTNERSHIP OR 
> SIMILAR ENTITY, THEN THE LICENSE GRANTED UNDER THIS AGREEMENT 
> IS EXPRESSLY CONDITIONED UPON ACCEPTANCE BY A PERSON WHO IS 
> AUTHORIZED TO SIGN FOR AND BIND THE ENTITY.  IF YOU ARE NOT 
> AUTHORIZED TO SIGN FOR AND BIND THE ENTITY, THEN CLICK ON THE 
> BUTTON MARKED "I DECLINE" AND DO NOT ORDER OR USE THE 
> PRODUCT.  BY CLICKING ON THE "I ACCEPT AND AGREE" BUTTON, YOU 
> ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS 
> AGREEMENT.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS 
> AGREEMENT, CLICK THE "I DECLINE" BUTTON AND YOU WILL NOT BE 
> ABLE TO ORDER THE PRODUCT.
> 
> 1. THE BETA PRODUCTS.
> 
> (a) Meraki Networks has developed certain electronic computer 
> equipment and/or software programs, which are more fully 
> described in Exhibit A hereto (the "Beta Products"). Upon 
> purchase of the Beta Products, Meraki Networks agrees to 
> deliver such Beta Products to Tester in exchange Tester's 
> agreement to test and evaluate the Beta Products according to 
> the terms and conditions set forth below.
> 
> (b) The Beta Products supplied by Meraki Networks to Tester 
> are "beta-level"
> products and have not yet met all performance specifications 
> established by Meraki Networks for general release and 
> shipment to present and potential end-users thereof.  Tester, 
> therefore, understands that the Beta Products may not perform 
> as documented or otherwise represented.
> 
> 2. RESPONSIBILITIES OF TESTER.
> 
> (a) Tester shall be responsible for notifying Meraki Networks 
> of any and all functional flaws, errors, anomalies and 
> problems directly or indirectly associated with the Beta 
> Products, and shall respond to any and all reasonable 
> inquiries, questionnaires, surveys and other test documents 
> submitted to Tester by Meraki Networks.
> 
> (b) Tester agrees that all right, title and interest to any 
> reports, Feedback, or suggestions relating to an improvement 
> of the Beta Products or any invention relating to an 
> improvement of the Beta Products conceived in or made as a 
> result of Tester's performance of this Agreement shall become 
> the exclusive property of Meraki Networks and that Meraki 
> Networks may disclose and use such for any purposes 
> whatsoever, entirely without obligation of any kind to Tester.
> 
> (c) Tester, shall not disassemble, decompile, reverse 
> engineer or otherwise in any way attempt to derive the source 
> code of the Beta Products.  Tester shall not remove any 
> copyright or other proprietary markings.
> 
> (d)  Tester shall not release any results of performance 
> tests related to the Beta Products to any third party without 
> Meraki Networks' prior written consent.
> 
> (e) Tester agrees to pay all incidental costs associated with 
> the testing of the Beta Products and incurred during Tester's 
> possession of the Beta Products, unless otherwise agreed to 
> in writing by both parties.
> 
> 3. RESPONSIBILITIES OF MERAKI NETWORKS.
> 
> Meraki Networks shall repair or adjust the Beta Products to 
> meet performance specifications as quickly as is reasonable 
> and possible. Meraki Networks further reserves the right to 
> alter or adjust performance specifications as it deems 
> necessary or desirable.
> 
> 4. RIGHTS AND LICENSES.
> 
> (a) Subject to the terms and conditions of this Agreement, 
> Meraki Networks hereby grants Tester a non-exclusive, 
> non-transferable, personal, limited license to (i) use the 
> hosted network management service provided by Meraki Networks 
> and (ii) internally use the Beta Products, solely for testing 
> purposes during the Term of this Agreement.  Tester agrees 
> not to reproduce, sell, transfer or otherwise distribute the 
> Beta Products, or any copies thereof, to any third party. The 
> Beta Products shall be used only in conformance with Meraki 
> Networks' recommended operating environment, and according to 
> Meraki Networks' instructions, which may from time to time be 
> amended by Meraki Networks, at its sole discretion.
> 
> (b) The release of the Beta Products to Tester does not 
> constitute a commercialization of the Beta Products, but 
> rather is a release for testing purposes only. Nothing herein 
> shall be construed as expressly or impliedly granting any 
> license for or right to any patents, copyrights, trademarks, 
> or other ideas made, conceived, acquired or owned by Meraki 
> Networks.  Meraki Networks reserves all rights not expressly granted.
> 
> (c)  Tester shall promptly provide to Meraki Networks, in 
> writing where available, any relevant feedback on the 
> functionality and performance, or any test results, of the 
> Beta Products ("Feedback").  Meraki Networks shall own all 
> Feedback relating to the Beta Products, and any modifications 
> or derivatives of the Beta Products.  Tester hereby assigns 
> to Meraki Networks all rights in and to the Feedback and 
> agrees that Meraki Networks shall have the right (by not the
> obligation) to use such Feedback and related information in 
> any manner Meraki Networks deems appropriate. Tester agrees 
> to be listed as a beta customer of Meraki Networks in 
> advertisements and other marketing materials, cooperate with 
> Meraki Networks in the release of a press release concerning 
> the relationship set forth herein and participate with Meraki 
> Networks in the drafting of a "white paper" concerning 
> Tester's use of the Beta Products.
> 
> 5. LIMITATION OF LIABILITY.
> 
> (A)  THE BETA PRODUCT(S) ARE PROVIDED "AS IS" WITHOUT ANY 
> WARRANTY OF ANY KIND WHATSOEVER. MERAKI NETWORKS DOES NOT 
> WARRANT THAT BETA PRODUCTS WILL SATISFY TESTER'S 
> REQUIREMENTS, THAT BETA PRODUCTS ARE WITHOUT DEFECT OR ERROR 
> OR THAT THE OPERATION OF BETA PRODUCTS WILL BE UNINTERUPTED. 
> MERAKI NETWORKS DISCLAIMS ANY AND ALL REPRESENTATIONS OR 
> WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, MADE WITH 
> RESPECT TO BETA PRODUCTS, INCLUDING WITHOUT LIMITATION ANY 
> IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR 
> FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE USE OF THE BETA 
> PRODUCTS OR ANY INFORMATION RELATING THERETO OR CONTAINED 
> THEREIN WILL NOT INFRINGE ANY PATENT, COPYRIGHT, TRADE SECRET 
> OR TRADEMARK OF ANY THIRD PERSON.  MERAKI NETWORKS DOES NOT 
> WARRANT IN ANY WAY THAT IT WILL COMMERCIALLY RELEASE THE BETA 
> PRODUCTS.
> (B) TESTER SHALL HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE 
> PROTECTION OF ITS DATA USED IN CONNECTION WITH THE BETA 
> PRODUCTS.  MERAKI NETWORKS IS NOT RESPONSIBLE FOR ANY LOSS OF 
> PROFITS, LOSS OF DATA, OR COST OF COVER.  MERAKI NETWORKS 
> DISCLAIMS AND REJECTS ANY LIABILITY TO TESTER, OR ANY OTHER 
> INDIVIDUAL OR ENTITY, FOR ANY CLAIM, LOSS, DAMAGE OR EXPENSE 
> FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES 
> ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE 
> BETA PRODUCTS, EVEN IF MERAKI NETWORKS HAS BEEN ADVISED OF 
> THE POSSIBLITY OF SUCH DAMAGES. MERAKI NETWORKS' ENTIRE 
> LIABILITY AND TESTER'S EXCLUSIVE REMEDY FOR DIRECT DAMAGES 
> UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF THE AMOUNT 
> ACTUALLY PAID BY TESTER TO LICENSE THE APPLICABLE BETA 
> PRODUCTS OR $100.
> (C)  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE 
> FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
> 
> 6. CONFIDENTIALITY.
> 
> (a) "Confidential Information" means any information 
> disclosed by either party, either directly or indirectly, in 
> writing, orally or by inspection of tangible objects, which 
> is designated as "Confidential," "Proprietary," or some 
> similar designation. Tester hereby acknowledges and agrees 
> that the Beta Products and Feedback are Confidential 
> Information of Meraki Networks.  Information communicated 
> orally will be considered Confidential Information if such 
> information is confirmed in writing as being Confidential 
> Information within a reasonable time after the initial 
> disclosure. Confidential Information may also include 
> information disclosed to a disclosing party by third parties.
> 
> (b) Confidential Information does not, however, include 
> information that (i) is known to the receiving party prior to 
> or at the time of its disclosure, as evidenced by written 
> records, (ii) is or becomes publicly known through no 
> wrongful act of the receiving party, (iii) is lawfully 
> received from a third party without a breach of any 
> restrictions, (iv) is furnished to any third party by Meraki 
> Networks without similar restrictions as contained herein, 
> (v) is independently developed by the receiving party, or 
> (vi) is required by law to be disclosed by the receiving 
> party, provided that the receiving party gives the disclosing 
> party prompt written notice of such requirement prior to such 
> disclosure and assistance in obtaining an order protecting 
> the information from public disclosure.
> 
> (c) All Confidential Information disclosed to Tester shall be 
> kept confidential.
> The receiving party agrees that it will not, directly or 
> indirectly, make use of or divulge the Confidential 
> Information to any third party.  Tester shall use its best 
> efforts to prevent the publication or disclosure of the 
> Confidential Information or any information concerning the 
> business, accounts or finances of, or any of the methods of 
> doing business used by Meraki Networks or of the dealings, 
> transactions, or affairs of Meraki Networks or any of its 
> customers which have or which may have come to Tester's 
> knowledge during the term of this Agreement. Tester shall 
> promptly notify Meraki Networks if it becomes aware of any 
> unauthorized disclosure or use of the Confidential Information.
> 
> 7. TERM AND TERMINATION.
> 
> (a) This Agreement shall begin on the date of its execution 
> by Meraki Networks and shall remain in force and effect until 
> either (i) the Beta Products meet performance specifications 
> established by Meraki Networks and are made commercially 
> available generally to end users, (ii) the date which follows 
> 120 days after the effective date of this Agreement or (iii) 
> any termination date of this Agreement. All provisions of 
> confidentiality and ownership as set forth in this Agreement 
> shall survive any termination or expiration of this Agreement.
> 
> (b) Either party may terminate this Agreement at any time, 
> for any reason, by giving written notice to Meraki Networks.
> 
> (c)  Upon any termination, Tester shall cease all use of the 
> hosted network management service, and all licenses granted 
> hereunder shall immediately terminate.  Notwithstanding the 
> foregoing, Tester is not obligated to return the Beta Product 
> to Meraki Networks.  If a commercial product is announced, 
> replacing a Beta Product, and Tester desires to acquire a 
> license to use such commercial product, then Tester must 
> convert the Beta Product to a license on Meraki Networks' 
> license terms and fees in effect at the time of conversion.
> 
> 8. MISCELLANEOUS.
> 
> (a)  Tester acknowledges and agrees that Meraki Networks is 
> under no obligation to provide any maintenance releases, 
> updates or new versions of Beta Products ("Updates"), and any 
> such Updates shall be provided by Meraki solely at Meraki 
> Networks' option. Meraki Networks does not guarantee that the 
> Beta Products will become a commercially available product. 
> If a commercially available product is announced replacing a 
> Beta Product, Meraki Networks does not guarantee that the 
> commercially available product will be similar in 
> functionality to the comparable Beta Product version licensed 
> under this Agreement. This Agreement creates no obligation on 
> behalf of Tester to license any such commercially available product.
> 
> (b) This Agreement contains the entire agreement between the 
> parties pertaining to the subject matter hereof. Any 
> modifications or amendments to this Agreement must be 
> consented to in writing by both parties.  If any part of this 
> Agreement is found to be invalid or unenforceable, that part 
> will be modified to the extent necessary to eliminate its 
> invalidity or unenforceability and the remaining terms will 
> be in full force and effect.
> 
> (c) Tester hereby acknowledges that unauthorized disclosure 
> or use of the Beta Products and/or Confidential Information 
> will cause substantial and irreparable injury to Meraki 
> Networks, that money damages would not adequately compensate 
> for such injury, and that Meraki Networks therefore is 
> entitled to, among other remedies, immediate injunctive and 
> other equitable relief for any breach of this Agreement.
> 
> (d) This Agreement shall be binding upon and shall inure to 
> the benefit of the parties, their successors, legal 
> representatives and assigns. Notwithstanding the foregoing, 
> Tester shall not assign its rights or obligations hereunder 
> without the prior written consent of Meraki Networks.
> 
> (e) In the event of a dispute regarding this Agreement, the 
> prevailing party shall be entitled to recover reasonable 
> attorney's fees and costs incurred in enforcing its rights hereunder.
> 
> (f)  Nothing in this Agreement will be construed as creating 
> a joint venture, partnership or principal/agent relationship 
> between the parties.
> 
> (g)  The software in the Beta Products and any related 
> documentation is deemed to be "commercial computer software" 
> and "commercial computer software documentation," 
> respectively, pursuant to DFAR Section 227.7202 and FAR 
> Section 12.212, as applicable. Any use, modification, 
> reproduction, release, performing, displaying or disclosing 
> of such software or documentation by the U.S.
> government shall be governed solely by the terms of this 
> Agreement and will be prohibited except to the extent 
> expressly permitted by the terms of this Agreement.
> 
> (h) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED 
> PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA.  THE PARTIES 
> HEREBY IRREVOCABLY CONSENT TO THE PERSONAL AND EXCLUSIVE 
> JURISDICTION OF THE COURTS LOCATED IN SANTA CLARA COUNTY, CALIFORNIA.
> 
> (i)  Should you have any questions relating to this 
> Agreement, or if you desire to contact Meraki Networks for 
> any reason, please call 650.641.3280 or email sales at meraki.net.
> 
> 
> EXHIBIT A
> PRODUCT DESCRIPTION
> 
> Meraki Networks Mini access point includes:
> 
> * 802.11 b/g access point
> * Wireless mesh capability
> * Range extension capability
> * 1 external detachable antenna
> * FCC and CE certified
> 
> 
> cya
> Robert
> 
> 

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